I am writing about this law, also known as Republic Act (RA) 9003, not because I am averse to it but simply wanting to clear doubts in my mind, and I am sure in the minds of many, whether or not this law was crafted with utter reasonableness and fairness for all concerned.
This has to do of course with the harsh penalty being imposed where people found violating it are penalized with imprisonment of one to 15 days and a corresponding fine of P300 to P1000.
For people that are irresponsibly utilizing their backyard as an incineration dump, meaning burning garbage of all kinds and emitting smoke and obnoxious smell that tend to inconvenience the neighbors or the community as a whole, then by all means implement the law to the fullest for one is dealing with an abusive person showing disrespect and disregard for other people’s well being.
But for many who has been religiously following the local government’s instructions and admonitions about the importance of solid waste segregation and patiently look forward to timely scheduled collections and even have a small space in the yard for composting, yet burns scraps of paper and some fallen leaves every now and then for a few minutes so that the smoke will drive pesky fruit tree insects away, is it reasonable and fair that the penalty still applies to them?
So I understand that burning a pot full of dried leaves every now and then still generate smoke that is bad for the health and the environment, but why are the ubiquitous outdoor barbecue grill eateries exempted from the anti-burning law when these popular and much sought after style of cooking food equally generates smoke and pollutes the air? It is even worse because while in the garden one tends to move around skirting the smoke, in outdoor grilled eateries the smoke is all over the place that one can’t avoid being exposed to it. Drippings of fat produce that taste inducing flavor, but the smoky smell that contains polycyclic aromatic hydrocarbons (PAHs) not only sticks to ones clothes, skin and hair but its toxic property can also damage the lungs.
Therefore, unless and until the government authority tasked to monitor and implement the anti-burning law is able to publicly issue an explanation or justification as to why any smoky barbecue joint is exempted, sadly, RA 9003 shall always be deemed selective, unreasonable and unfair that, at best, it should be rescinded and restudied again.